A.M. No. 6484-Ret. May 15, 1989
Re: Application for Retirement Under R.A. No. 910 of Associate Justice Ramon B. Britanico of the Intermediate Appellate Court

FACTS

Associate Justice Ramon B. Britanico of the Intermediate Appellate Court tendered a courtesy resignation in 1986 pursuant to Proclamation No. 1 issued by President Corazon C. Aquino, which called for the resignation of appointive officials. His resignation was accepted, terminating his judicial service on July 31, 1986. At that time, he was 59 years, 8 months, and 19 days old, having rendered over 36 years of total government service, with more than 10 years in the judiciary. The Government Service Insurance System (GSIS) subsequently approved his retirement under Republic Act No. 1616 , granting him a lump-sum gratuity equivalent to 24 months of his highest salary.
Justice Britanico later applied to this Court, requesting that he be granted the more favorable retirement benefits under Republic Act No. 910 , as amended. Under R.A. No. 910 , a qualifying justice or judge would be entitled to a lump sum of five years’ gratuity (60 months) and, after surviving that five-year period, a lifetime monthly annuity. Having already received the 24-month gratuity under R.A. No. 1616 , his application sought a substantial differential benefit.

ISSUE

Whether Justice Ramon B. Britanico, who tendered a courtesy resignation pursuant to a presidential proclamation, is entitled to retire under the benefits provided by Republic Act No. 910 , as amended.

RULING

Yes, Justice Britanico is entitled to retire under R.A. No. 910 . The Court clarified that a “courtesy resignation” is distinct from a voluntary resignation. It is not a voluntary surrender of office but a submission to the will of the appointing authority. Consequently, it does not constitute a voluntary retirement under the provision of R.A. No. 910 applicable to those opting to retire at age 60. Instead, the Court found Justice Britanico’s situation falls under a different category within Section 1 of R.A. No. 910 —specifically, for a justice who “resigns by reason of his incapacity to discharge the duties of his office.”
The legal logic is that his forced resignation, compelled by the presidential proclamation, rendered him incapable of continuing in his office. This constitutes the requisite “incapacity” under the law. He met all other conditions for this classification: he had rendered “at least twenty years service in the judiciary or in any other branch of the Government, or in both,” which he satisfied with over 36 years of service. The requirement that the last five years be served continuously in the judiciary applies only to the voluntary retirement-at-age-60 provision, not to this resignation-by-reason-of-incapacity provision.
The Court emphasized that retirement laws are remedial statutes designed to provide for public servants’ welfare and should be liberally construed in favor of the intended beneficiaries. Pension is a form of deferred compensation, not a mere gratuity. Therefore, Justice Britanico’s application was approved. The GSIS was ordered to process his benefits under R.A. No. 910 , deducting the amounts already received under R.A. No. 1616 .